FLR FP - Additional Information Help Please !

[Hashim2989]

Hi,

I am writing regarding my wife's FLR FP application that I have made recently.

I am a British born citizen with a British born 2 year old. My wife arrived on a marriage visa in March 2012 and for stupid reasons I somehow managed to let her spouse visa expire from June 2014 onwards.

Im on the self imposed path of trying to fix this now and have gone down the FLR FP route. My wife received her biometric invitation letter and acknowledgment letter on Saturday 30th July and she has done her fingerprints and photos.

They asked for only two additional information pieces - Immigration Health Surcharge (PAID) and a VALID passport.

Now her passport expired and the Pakistan Embassy refused to renew the passport without a valid visa because her spouse visa had expired. We however sent her valid National Identity Card which we recently renewed as part of the application.

They have given us 10 business days to send a valid passport. Any advice on this please ?

[Obie]

Why don't you let her take life in the UK and B1 and try applying as spouse of British Citizen

[Hashim2989]

Hi Obie,

Thanks for your reply.

We have already applied under FLR FP. The same issue would have arisen with regards to the expired passport. Every application needs a valid passport.

Now we have provided everything and paid the Immigration Health Surcharge and done the biometrics at the post office.

Now the issue is the Valid Pakistani passport ? How can I get that renewed when her spouse visa has expired.

[Obie]

You have to be aware that by applying for FLR (FP),

Your wife will have to wait for 10 year to get settlement, whereas she could get settlement now if she passes h
her B1 and life in the UK, she could apply for settlement .

If the embassy is refusing, inform them of this and provide alternative evidence and inform them it is beyond her control that she could not get it.

[Hashim2989]

Thanks Obie,

Yes I understand completely and to be honest its my fault that this situation has occurred.

The Home office currently has the expired passport and national identity card which were sent as part of the initial application.

Surely I would need those items to get a new passport from the embassy. Combined with all this, I have a 10 business day deadline to supply the additional information.

Really stuck in a mess.

[Obie]

You have to do a detailed letter explaining the predicament you find yourself in, and the fact that there is passport with them . Also quote their policy.

[Hashim2989]

Ok,

I will try and speak to the embassy about this.

One thing I have noticed on FLR application forms is that they accept national identity cards as well. I have sent that along with the application as well, would they not accept this instead of the expired passport ?

[Hashim2989]

UPDATE - I have spoken to the Home Office about this and they have advised me to send a letter stating why I cannot provide a valid passport. I have mentioned the reasons to them, that is all they suggested.

I have been reading through the guidance notes and they suggest that a national identity card would be ok. Please advise ?

10. PASSPORT, TRAVEL DOCUMENT OR NATIONAL IDENTITY CARD
For your application to be valid, it is mandatory to provide your original, valid passport, travel document or national identity card as evidence of your identity and nationality, unless it is not available for reasons beyond your control. If your document is lost or stolen, you should replace it before making your application unless there are reasons beyond your control why you cannot.
It is also mandatory for you to provide an original, valid passport, travel document or national identity card for each of your dependant’s included in the application, as evidence of their identity and nationality, unless it is not available for reasons beyond your or their control.
FLR(FP) Guidance Notes (Version 04/2015) - Page 5 of 8
Reasons beyond your control may include where you do not have a national authority to provide a document, or where you have applied for a document and your national authority cannot provide one in time for you to make your application.
If you cannot provide your passport, travel document or national identity card, then you must provide an explanation as to why this is. If it has been lost or stolen, you must provide your crime reference number and reasons why your have not been able to provide a replacement document.
If your passport is already with the Home Office, you must tell us and provide information as to why we already hold your passport, travel document or national identity card.
If you are not enclosing a current, valid passport, travel document or national identity card, then you must provide alternative satisfactory evidence of your identity and nationality, which must include your full name, date of birth and nationality.

[mkhan2525]

It is a mandatory requirement to have a valid visa for the UK before the Pakistani embassy processes your application for a new passport. If you cannot provide proof of your status in the UK, you will be turned away.

The embassy staff are acting like immigration officers.

[Hashim2989]

Thanks for your reply.

I guess the best option for me now would be to send a letter to the Home office and plead with them to issue the BRP without a valid passport.

I will pay a visit to the Embassy in the morning and see what they have to say.

[mkhan2525]

Good luck with your application.

Keep us updated with your experience at the Pakistani embassy.

[Hashim2989]

UPDATE - Went to the Pakistan consulate in Bradford this morning and spoke to a man who mentioned that he knows someone in the Home Office called Richard and to call the Home Office and ask for Richard to send back my wifes passport and national identity card and they will make another passport for her.

I mentioned we only have 10 business days to respond with additional information and that withdrawal of documents will cancel the application but he said "Richard" will sort it out.

Anyway I phoned the Home Office and asked for Richard, they predictably said that they don't know who that is. I discussed the case and the gentleman was actually very helpful. He said to send a letter to us explaining your predicament and why you sent your National Identity Card instead.

I have now created the letter and will post it later.

Fingers Crossed.